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Reasons
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(영문) 제주지방법원 2014.03.28 2014고단119
도로교통법위반(음주운전)등
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Defendant shall be punished by a fine of KRW 3,000,000.

When the defendant does not pay the above fine, 100,000 won.

Reasons

Punishment of the crime

[2014 Highest 119] The Defendant was under the influence of alcohol with 0.103% of blood alcohol concentration without obtaining a motorcycle license. On October 4, 2013, at around 20:15, the Defendant driven COba in the section of approximately 200 meters from before the “Sabastm” in the front of the “Sastmbastm.”

[2] At around 07:00 on July 7, 2013, under the influence of alcohol, the Defendant: (a) was under the influence of alcohol and had weak ability to either distinguish things or make decisions; (b) the Defendant: (c) obstructed the victim’s residence by opening the entrance door and opening the windows of the victim E (30 years of age) and entering the door door between the outside and the windows through the entrance; (d) obstructed the victim’s opening of the entrance; and (e) took the victim’s entrance to close the visit; and (e) took the victim’s entrance from the opening of the entrance to the door; and (e) took the victim’s face from the front seat to the victim one time, and led the victim to a closed frame that requires four weeks of treatment.

Summary of Evidence

[2014 Highest 119]

1. Statement by the defendant in court;

1. The ledger of driver's licenses and a report on detection of a motor vehicle driver;

1. Statement by the defendant in court;

1. Statement to E by the police;

1. Application of Acts and subordinate statutes on response to the request for entrustment;

1. Relevant legal provisions and the choice of punishment for a crime: Articles 148-2 (2) 2, 44 (1) (the point of a sound driving), 154 subparagraph 2, and 43 of the Road Traffic Act, Articles 319 (1) and 257 (1) of the Criminal Act, and the selection of fines;

1. Mitigation of mental illness and injury: Articles 10 (2) and (1) and 55 (1) 6 of the Criminal Act (the occupation of a person who intrudes upon his/her residence and injures him/her);

1. Discretionary mitigation: Articles 53 and 55 (1) 3 of the Criminal Act (i.e., grounds for considering the circumstances of the crime);

1. Attraction of a workhouse: Articles 70 and 69 (2) of the Criminal Act;

1. Provisional Payment Order: The reasons for sentencing of Article 334(1) of the Criminal Procedure Act are as follows.

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